White House "Flag" program more than creepy; may be illegal

Earlier this week, the White House Director of New Media asks for President Obama's supporters to send in anything they thought was "fishy" in the health care debate. Asking fellow citizens to start reporting each other to the government is somewhere between slightly disturbing to really, really creepy. I'm leaning towards creepy. But some folks with more legal expertise than me think such a program is actually illegal:

Evan Coyne Maloney

It turns out, even asking for citizens to report on each other may be illegal. According to the Department of Justice, “the purpose of the Privacy Act is to balance the government’s need to maintain information about individuals with the rights of individuals to be protected against unwarranted invasions of their privacy stemming from federal agencies’ collection, maintenance, use, and disclosure of personal information about them.”

Further, anything is considered a “personal record” if it identifies an individual (an e-mail address would qualify), and “federal agency” specifically includes “the Executive Office of the President.”

David Hardy

As a recovering bureaucrat, I can point to a much, much, bigger illegality under that Act.

5 US Code §552a(e)(7) commands that any Federal agency

"(7) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity;"

Persons posting to the web or sending emails are exercising First Amendment rights. I can't see how gathering this information is expressly authorized by statute, nor within the scope of an LE activity. It doesn't get much clearer than that.